Well after a particularly loud early morning (8:30 or so) where the day care neighbors not only had screaming children but insisted on playing their records outside (the one with the weird version of the Hokey Pokey on it, also featuring the Itsy Bitsy Spider), Kevin decided to go speak with them about quietness issues. Apparently it went well. Kevin explained that I'm forced to stay home with a health condition that requires me to sleep at times during the day and that their noise level was often not conducive to that. Then, apparently, the neighbor said "Legally we're allowed to make noise at 8:00" and he responded that there's a difference between what's legal and what is considerate. Good answer Kev-Man!
Then Kevin does some research on San Jose and noise ordinances and learns that there is no such law that says you can make all the noise you want after 8:00. Ha! Further, the municipal code prohibits "disturbing the peace, quiet, and comfort of any neighborhood" and includes a section specifically related to music and one related to screaming, shouting, or other vocalizations that are disturbing or unreasonably loud to any reasonable person outside the unit.
Anyway, hopefully Kevin's little chat will have the desired response. He also learned that they are trying to expand their daycare from a 14 child facility (they have 14 kids there?!?! No wonder they're so loud!) to a 30 child facility. However, in order for them to do this, there has to be a hearing, at which neighbors like ourselves can protest. The neighbor also mentioned that they want to build a 7 foot wall between the two back yards, but that Jose, our very strange landlord, was for whatever reason hemming and hawing about the issue. I think Kevin is going to send him an email saying that if he ever wants to sell this house or rent it out again, he'd better let the neighbors build that fence. Better on their dime than his! But our landlord is very strange.
Anyway, enough complaining. If you want a good laugh, go check out Cows With Guns. Make sure to turn your speakers up.
Posted by Shelby at July 24, 2003 02:11 PM